When real estate litigation is looming, it can feel like a complex process is ahead. No matter what type of dispute—property boundaries, lease agreements, construction problems—just knowing what to expect can alleviate some of the pressure and make you feel more prepared, more confidant. Here’s a general idea of the steps involved in real estate litigation.
Initial Consultation
It will all begin with an initial consultation with our Mount Pleasant, SC real estate litigation lawyer. During the meeting, we will discuss the case’s specifics and try to understand the desired outcome. This is the time to provide as much detail as possible as well as to ask all the questions that you have about the process. We will look things over and advise on the potential steps to take to move forward.
Filing A Complaint
The next step is filing a complaint and is a legal document that will delineate the issues and what relief that is sought from the court. Once it is filed, the other party will be given the complaint and official be notified of the lawsuit. This is the beginning of the formal litigation process.
Response From The Other Party
Once the other party receives the complaint, they typically have a set period to response back, usually with some document called an answer. They have a chance to admit or deny any accusations. This response is crucial as it may introduce additional problems to address.
Discovery Phase
This phase mainly involves collecting evidence from both sides, allowing us to better understand the strengthens and weaknesses of the case. It may be a time-consuming part of the process yet it is critical to building our case.
Pre-Trial Motions
After the discover, there may be some pre-trial motions. Either party is able to file motions to try to resolve certain issues before a trial begins. These processes can help to streamline the trial process and make clear several legal impasses that could affect the case.
Trial Preparation
The preparation for the trial involves you working very closely with our lawyers to make an effective plan of action, to identify any witnesses and also to prepare evidence. It is also a time to decide how to best present the case to the court in order for it to be best received. This may also include rehearsing arguments and clarifying the trial process.
The Trial
This major part of the real estate litigation happens at the trial. Both parties will present their cases, including all the collected evidence and testimonies by witnesses. Then the jury or the judge will hear both sides and make a decision based on their understanding of the facts. The whole process can take time and that depends greatly on the number of witnesses as well as the complexity of the case.
Post-Trial Actions
After the trial is over, their will be judgement made. Depending on what the outcome is, we may have an opportunity for an appeal if we believe that there are any errors in the trial process. Our lawyers will see that any steps for an appeal are made if it is possible.
Being Prepared Can Help
Real estate litigation can feel crushing, but understanding what to expect can make the process feel less burdensome. I you are in Mount Pleasant, SC ad need any guidance from a real estate litigation lawyer, we invite you to reach out to the Helmly Law Firm. Our team is here to assist you in your real estate disputes and to see that you get an auspicious outcome.
